3323.02
Appropriate public education program.

As used in this section,
"IDEIA" means the "Individuals with Disabilities Education Improvement Act of
2004," Pub. L. No.
108-446 .

It is the purpose of this
chapter to ensure that all children with disabilities residing in this state
who are at least three years of age and less than twenty-two years of age,
including children with disabilities who have been suspended or expelled from
school, have available to them a free appropriate public education. No school
district, county DD board, or other educational agency shall
receive state or federal funds for special education and related services
unless those services for children with disabilities are provided in accordance
with IDEIA and related provisions of the Code of Federal Regulations, the
provisions of this chapter, rules and standards adopted by the state board of
education, and any procedures or guidelines issued by the superintendent of
public instruction. Any options or discretion provided to the state by IDEIA
may be exercised in state law or in rules or standards adopted by the state
board of education.

The state board of
education shall establish rules or standards for the provision of special
education and related services for all children with disabilities who are at
least three years of age and less than twenty-two years of age residing in the
state, regardless of the severity of their disabilities, including children
with disabilities who have been suspended or expelled from school. The state
law and the rules or standards of the state board of education may impose
requirements that are not required by IDEIA or related provisions of the Code
of Federal Regulations. The school district of residence is responsible, in all
instances, for ensuring that the requirements of Part B of IDEIA are met for
every eligible child in its jurisdiction, regardless of whether services are
provided by another school district, other educational agency, or other agency,
department, or entity, unless IDEIA or related provisions of the Code of
Federal Regulations, another section of this chapter, or a rule adopted by the
state board of education specifies that another school district, other
educational agency, or other agency, department, or entity is responsible for
ensuring compliance with Part B of IDEIA.

Notwithstanding division
(A)(4) of section
3301.53 of the Revised Code and
any rules adopted pursuant to that section and division (A) of section
3313.646 of the Revised Code, a
board of education of a school district may provide special education and
related services for preschool children with disabilities in accordance with
this chapter and section
3301.52, divisions (A)(1) to (3)
and (A)(5) and (6) of section
3301.53, and sections
3301.54 to
3301.59 of the Revised Code.

The superintendent of
public instruction may require any state or local agency to provide
documentation that special education and related services for children with
disabilities provided by the agency are in compliance with the requirements of
this chapter.

Not later than the first
day of February of each year the superintendent of public instruction shall
furnish the chairpersons of the education committees of the house of
representatives and the senate with a report on the status of implementation of
special education and related services for children with disabilities required
by this chapter. The report shall include but shall not be limited to the
following items: the most recent available figures on the number of children
identified as children with disabilities and the number of identified children
receiving special education and related services. The information contained in
these reports shall be public information.